3 Things You Have to Know About How Chinese Judges Think in Commercial Litigation
Chinese judges lack commercial knowledge, flexibility and time to understand transactions beyond the contract text.
China-Related Cross-Border Trade Dispute Resolution
Sue a Company in China: Who Can Give Me a Lawyer-Network in China?
You are very likely not to file a lawsuit with a court in Beijing or Shanghai, but in a city with many factories, an airport, or a seaport hundreds of kilometers or thousands of kilometers away. It means that the elite lawyers gathered in Beijing and Shanghai may not be able to help you any better.
How Do the Chinese Courts Interpret Commercial Contracts?
Chinese judges like to see a formal contract with well-written terms signed by both parties. In the absence of a contract, the court may accept purchase orders, emails, and online chatting records as a written informal contract.
What if a Chinese Supplier Does Not Deliver the Products?
You probably want to terminate the contract and get a refund or even compensation.
Sue a Company in China: Which Chinese Court Should I File My Case?
It is very likely that you are not going to file a lawsuit with a court in Beijing or Shanghai, but in a small or medium-sized Chinese city unfamiliar to you.
Execute a Contract With a Chinese Company: Which Language Is Better?
You will need a bilingual contract, preferably with the same content in both languages.
Execute a Contract with a Chinese Company: How to Make it Legally Effective in China
You shall have the Chinese company stamp on the contract and have its legal representative sign hereon.
Sue a Company in China: You May Consider Arbitration to Claim Against Chinese Suppliers
As we said before, you can turn to Chinese courts for disputes with Chinese suppliers. In fact, if you need to settle disputes in China, China’s arbitration is also a good option, even better than litigation.
Sue a Company in China: How Much Does It Cost?
The costs you need to pay mainly include three items: Chinese court costs, Chinese attorney’s fees and the cost of notarization and authentication of some documents in your country.
Why Can You Turn To Chinese Courts for Disputes With Chinese Suppliers?
It costs less to sue in Chinese courts. Moreover, Chinese courts are trustworthy for enforcement of commercial contracts.
Time and Expenses – Recognition and Enforcement of Foreign Arbitral Awards in China
For the recognition or enforcement of foreign arbitral awards in China, the average length of proceedings is 596 days, the court costs are no more than 1.35% of the amount in controversy or 500 CNY, and the attorney’s fees are, on average, 7.6% of the amount in controversy.
Time and Expenses – Recognition and Enforcement of Foreign Judgments in China
For the recognition or enforcement of foreign judgments in China, the average length of proceedings is 584 days, the court costs are no more than 1.35% of the amount in controversy or 500 CNY, and the attorney’s fees are, on average, 7.6% of the amount in controversy.
Can Foreign Judgments Be Enforced in China?
Some countries’ judgments can be enforced in China, while others cannot.
4 Things You Have to Know on How to File a Dispute on Alibaba
Alibaba provides Online Dispute Resolution (ODR) through its Complaint Center. It has built a complex dispute resolution. If you want to resolve disputes through Alibaba, you need to know what role Alibaba will play and what position it will take.
How Does Alibaba Dispute Work: How to Preserve Evidence During Correspondences
Be sure to specify the conditions for terminating the contract and refunding the advance payment in the contract.
How can I avoid being scammed on Alibaba: Take the seller’s refusal to shipment as an example
Be sure to specify the conditions for terminating the contract and refunding the advance payment in the contract.
How Can I Avoid Being Scammed on Alibaba: Take Product Nonconformity as an Example
Please don’t just rely on the introduction of the product page and the presumptive consensus. Be sure to specify the details of the product in the contract and order.
How Does Alibaba Dispute Work: Alibaba’s Role and Its Impartiality
If you want to resolve disputes through Alibaba, you need to know what role Alibaba will play and what position it will take. Alibaba provides dispute resolution services for both buyers and sellers. In this dispute resolution system, Alibaba plays two roles in fact: service provider and judge.
How Does Alibaba Dispute Work: System of Rules
Alibaba has built a complex dispute resolution system. If you want to resolve disputes through Alibaba, you need to understand these rules in the system.
How Does Alibaba Dispute Work: Framework
Alibaba provides Online Dispute Resolution (ODR) through its Complaint Center. If you want to resolve disputes through Alibaba, you may encounter the following four stages: online mediation, making decisions, enforcing decisions, and raising objections to decisions.